in a quandary...

[glfahlc]

my wife and i went to one of those traveling spa shows by master spas and put a down payment on a spa and a gazebo to put it in over a year ago. my wife has chemical allergies and has since gotten high blood pressure and we no longer want those products. however the seller is insisting since we signed a contract we must purchase their product. we're willing to let them have our down payment but they don't seem to be satisfied with that. what alternative do we have.... any suggestions

[hottubdan]

Since you were a victim of false advertising, the claim of several brands competing for your business, I would tend to ignore them.

On the other hand...

Do you have a consumer help office at you district attorney's office?  Check in with them.

Do you have a consumer advocate with local TV station?  Check in with them.

If your deposit was with a credit card, check with your credit card company.

[Zep]

"my wife has chemical allergies and has since gotten high blood pressure"

I would suggest as "one piece of the puzzle" to type up a letter yourself and then ask a doctor you are close with to sign it on his letterhead, then send it certified mail to Master Spas.

I did something like this once, my doctor gladly signed it and it worked perfectly.

Something short, sweet, and vague like this.



DR. JOHN DOE INTERNAL MEDICINE MEDICAL CLINIC - DALLAS, TEXAS

April 1, 2008

To whom it may concern,

I Dr. John Doe have diagnosed Mary Jane Smith with high blood pressure and chemical allergies.  Therefore at this time I recommend that Mary Jane Smith refrain from using a hot tub and/or spa until such a time as her health issues are fully resolved.

Sincerely,

Dr. John Doe - M.D.

[wmccall]

Do you want out of this deal or all hot tubs? High blood pressure is not a prohibitor for hot tub use, I'm a living example.

[Micah]

We always hear about a company that dose not live up to their end of a sales agreement.  You would expect them to deliver everything that they promised and install it to your standards.  If they didn't live up to their end of the agreement  we would all call them crooks.  Why would we expect anything different from the consumer.  You made a commitment.  You are trying to find a loophole to get out of it.  Why not just live up to your end of the agreement?

[Swell-Tub]

We always hear about a company that dose not live up to their end of a sales agreement.  You would expect them to deliver everything that they promised and install it to your standards.  If they didn't live up to their end of the agreement  we would all call them crooks.  Why would we expect anything different from the consumer.  You made a commitment.  You are trying to find a loophole to get out of it.  Why not just live up to your end of the agreement?

WOW, Mr. Dealer remind me not to do business with you.
 
The consumer has medical reasons not to finish the deal and the dealer has a better chance of reselling the product and keeping the deposit for additional profit. Everyone can win if the dealer would just keep the deposit and move on. Why is it that dealers want such a big deposit, so they are protected in case the deal falls through. I have owned seven different businesses during my lifetime and the customer is always king. Several times a customer didn't finish the deal and the deposit covered my costs. I owned a wedding photography business in the late seventies and 2 weeks after the wedding they had the wedding annulled and the deposit didn't cover my expenses but it was a cost of doing business. Sorry but Micah's post got me up on a soap box.

Scott  

[Micah]

WOW, Mr. Dealer remind me not to do business with you.
 
The consumer has medical reasons not to finish the deal and the dealer has a better chance of reselling the product and keeping the deposit for additional profit. Everyone can win if the dealer would just keep the deposit and move on. Why is it that dealers want such a big deposit, so they are protected in case the deal falls through. I have owned seven different businesses during my lifetime and the customer is always king. Several times a customer didn't finish the deal and the deposit covered my costs. I owned a wedding photography business in the late seventies and 2 weeks after the wedding they had the wedding annulled and the deposit didn't cover my expenses but it was a cost of doing business. Sorry but Micah's post got me up on a soap box.

Scott  

Scott,
So are you saying that when someone makes a commitment that they really don't have to live up to their side of the agreement.  Why must one side live up to an agreement but not the other.  It seems to me if you are an honest person, you live up to your word.  
For the record I think the master guys are scum.  But in this case it's not the master guys that are failing to live up to their word.

[Spatech_tuo]

my wife and i went to one of those traveling spa shows by master spas and put a down payment on a spa and a gazebo to put it in over a year ago. my wife has chemical allergies and has since gotten high blood pressure and we no longer want those products. however the seller is insisting since we signed a contract we must purchase their product. we're willing to let them have our down payment but they don't seem to be satisfied with that. what alternative do we have.... any suggestions

Isn't the key here that they only have your down payment? While we'd like to think they would give that back full down payment returns should not necessarily be expected to be returned but under hardship it would be good customer service. We hardly expect the Master Traveling Bait and Switch Circus to do that but know they're trying to make you pay the rest and take ownership? That's BS on their part to see if you'll blink. I'd tell them I have no intention of taking ownership, good bye and "click".

[Vanguard]

I have a question about the statement that you did this over a year ago.  I assume you have never taken delivery of the hot tub.  Why?  Was it Master delaying things or you?  If Master has delayed things, you obviously have an easy out.  If it is you, you may have a more difficult time.  One year is a long time to ask anyone to hold a product for you and then not take delivery.  

Most dealers on this forum would probably let you out of the agreement - especially since you are willing to forfeit your deposit.

However, we are talking about Master Spas.  They are scum.  They will try to get out of you what you agreed to in your contract.  

[glfahlc]

I have a question about the statement that you did this over a year ago.  I assume you have never taken delivery of the hot tub.  Why?  Was it Master delaying things or you?  If Master has delayed things, you obviously have an easy out.  If it is you, you may have a more difficult time.  One year is a long time to ask anyone to hold a product for you and then not take delivery.  

Most dealers on this forum would probably let you out of the agreement - especially since you are willing to forfeit your deposit.

However, we are talking about Master Spas.  They are scum.  They will try to get out of you what you agreed to in your contract.  

actually it was the courts holding up the money from an estate... but in the meantime my wife acquired these maladies and i'm sure going through with the deal at this point would be a waste since i was getting it for her and she'd never use it. since i haven't established a delivery date, the tub hasn't been made and niether has the gazebo. so the dealer gets 2500.00 of my money without doing a thing. i feel like he's just being greedy at this point...

[hottubdan]

actually it was the courts holding up the money from an estate... but in the meantime my wife acquired these maladies and i'm sure going through with the deal at this point would be a waste since i was getting it for her and she'd never use it. since i haven't established a delivery date, the tub hasn't been made and niether has the gazebo. so the dealer gets 2500.00 of my money without doing a thing. i feel like he's just being greedy at this point...

I have never had a cancellation without a request for a refund.  They do have some legitimate expenses; I am sure they paid a commission.  Beyond that, a medical condition is usually considered a valid reason for cancellation.  You should check the laws in your state.

[wewannahottub]

Well, IMHO, it seems one major word (unless I missed it) is [size=20][/size]CONTRACT!![size=10][/size][size=11][/size]  Was there a PAPER contract (not verbal all you Judge Joe Brown fans) that may explain any of this??

Otherwise, my next path would be...just like hottubdan says---

I would start with the BBB

Then your State Attorney General

THen your local district magistrate, though that may be a more immediate relief at a cost, but you should be able to recover the court fees, as well, providing you win.

As far as your credit card---It is already past the 90 day limitation to dispute it (though maybe some cases may provide a different circumstance, with proper documentation.)

BBB and SAG can be a go between--but the SAG has more power.  I know from a business transaction with a furniture company over the internet.  BTW, NEVER use a debit card if you can use credit.  Debits leave no power to fight back.  I am still waiting to hear about that issue--and about my $1400 I know I'll never see.

I as well agree with Swell tub, but LOOK AT WHAT THE CONTRACT SAYS!!

And, as far as high blood pressure, My best advice is check with your doc.  I personally believe the therapy may actually HELP, and throw some red wine (providing no allergies) in the mix....

Good luck.

BTW--are there particular chemical allergies your wife is allergic to??  seems there are many choices to cleaning your tub out there.

Off my soapbox for now.

Chrisi

[Zep]

this would be extremely rare would it not for someone to put down $2500
for a hot tub and not take delivery for a year?

i would think even with a contract most judges and/or court appointed mediators
would say because of the medical reasons that you would only be out the deposit

i doubt a court would force you to take delivery if you cant use and do not
want the product

how much is Master asking to settle for?

[wewannahottub]

Well, Zep, Hopefully the CONTRACT would state, time limitations, so both the consumer AND dealer would be covered.


Hey, if nothing else, sell it on EBay!!

but make sure you have a contract....

[Swell-Tub]

Scott,
So are you saying that when someone makes a commitment that they really don't have to live up to their side of the agreement.  Why must one side live up to an agreement but not the other.  It seems to me if you are an honest person, you live up to your word.  
For the record I think the master guys are scum.  But in this case it's not the master guys that are failing to live up to their word.

Micah,
Here's my problem. Who is making money and who is spending money here. What if after the order was placed the couple lost their jobs and could not afford to pay for the product what would be your thoughts? Here we have a medical situation and the tub and gazebo were never manufactured and the buyer is letting them keep $2500 profit for what? If you are in business and deal with customers then CUSTOMER SERVICE is the key to increased business. I told my employees to always take care of the customers, even if it cost me some money because they are the reason we are here. Customers are why we are here, not to sell hot tubs or gazebos. If the mighty dollar is why you do business then find another line of work. Serving people is why you do a business and if you protect your number one asset (customers) and number two asset (employees) the money will follow. Now I know you think I'm a little Polyanna about this but my life has been about customer service and I find what I just said to be the truth. Who is served by making the customer pay for something they can"t use. Now I might feel different if this was a special order or the products were manufactured and couldn't be resold or returned. OK let me step down from my soapbox now. Sorry Micah if I came on strong but this generation seems to have forgotten what it was like to sell customer service and not a product...

Scott  :-?